KEDAR NATH Vs. STATE OF U P

JUDGEMENT

(1.) KEDAR Nath has filed this appeal against the judgment of III Additional Sessions Judge, Azamgarh dated 19-4-1977 passed in S. T. No. 422 of 1976 convicting him under Section 7/16 Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentencing him to three years' R. I. and a fine of Rs. 1,000/-. En default of payment of fine he was ordered to undergo six months' R. I.

(2.) THE case of the prosecution is that Surendra Singh, Food Inspector Pardaha Block District Azamgarh purchased 600 grams of Haldi from the shop of Kedar Nath appellant in Ghosi market District Azamgarh on 5-12-1975 at about 1.30 p. m. for Rs. 2.40 p. He divided the Haldi purchased b him into three equal parts and sealed each part in three separate phials. He gave one of the phials to the appellant and sent two phials to the Deputy Chief Medical Officer Azamgarh for sending one of them to the Public Analyst for analysis. Ext. Ka 1 is the notice in form VI given by the Food Inspector to the appellant at the time of the purchase of the Haldi. Ext. Ka 2 is the receipt of the payment of the price of the Haldi obtained by the Food Inspector from the appellant. Ext. Ka 3 is the memo prepared by the Food Inspector on the spot (Sthal Lekh). One of the sample phials was sent to the Public Analyst for analysis. THE report of the Public Analyst shows that the sample of Haldi was adulterated as it was found to be coloured with lead chromate which is a prohibited dye,

(3.) THE appellant pleaded not guilty and stated that he was implicated falsely due to enmity.